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War Resisters' International, London,
11 July 2007

Turkish conscientious objector Osman
Murat Ülke, who spent 2 1/2 years in prison from October 1996 until
March 1999, and who won his case at the European Court of Human Rights
in 2006, received a new order from the military prosecutors office of
Eskisehir informing him that he is expected to present himself within 10
days of issue of that notice to the prosecutor in order to serve a
sentence of 17 months and 15 days in respect of earlier convictions for
refusing to undertake military service. Failure to do so would result in
a warrant being issued for his arrest. The document in question had been
issued on 14 June 2007, so that it is highly likely that presently there
is an arrest warrant for Osman Murat Ülke, putting him at high risk of
arrest and reimprisonment.

Osman Murat Ülke was the first Turkish
conscientious objector to be imprisoned for refusing to perform military
service. On 1 September 1995, he burned his military call-up papers
during a press conference in the offices of the Izmir War Resisters
Association (ISKD). During this conference, he made the following
statement:

Good day. This press conference
has not been organised by ISKD. I am personally responsible for this
meeting.
As you know, the trial in the Ankara General Staff Military Court in
which we were accused of "alienating people from military service"
came to its conclusion on 29 August 29.
The Chairperson of the closed-down Istanbul SKD, Arif Hikmet
Iyidogan, was sentenced to six months in prison, university student
Gokhan Demirkiran to four months, Mehmet Sefa Fersal to two months.
I have been acquitted. But, during the trial, and although it was
not related to the matter of the trial, the judge asked if we had
gone to military service. As I admitted I had not, I was taken to
Cankaya Recruiting Office.
The Army, unable to overpower us through jurisprudence, now deems
necessary to distance the war resisters from public opinion with
such an act.
Before all I am not a draft evader, but a conscientious objector.
I neither think to escape nor to go to conscription. I have no
reason to escape conscription, because I am in favour of people
using their right not to be conscripted without having to hide.
According to the papers given by the Recruiting Office I am
recognised as a conscript and it claimed that I should go to the 9th
Constable Soldier drilling Regiment in Bilecik, on 31 August.
As you see, I have not gone, I am here. Even though I cannot be
called a draft evader, I consider it meaningless to go of my own
accord. On the contrary, here and now, I will burn this Military
Pass against which my own will rebels. In addition, I will burn the
notification paper and give back the rest of the documents to the
state by mail. Perhaps they will need them. Also I will send back
the 101.000 TL that was given to me by the Cankaya Recruiting Office
for transportation and food expenses.
I am not a soldier and I will never be. Of course I am aware that I
will be taken by force. But until I am taken, there will be no
change in my daily routine. they can find me here in order to take
me by force. But I want to stress that I will resist in the barracks
until the end and never perform military service.

Osman Murat Ülke
September 1, 1995
Izmir

Following this statement, and his failure
to present himself for military service, Osman Murat Ülke was arrested
more than one year later, on 7 October 1996. What followed was an
seemingly never ending circle of arrest and sentencing. The European
Court of Human Rights described this in his admissibility decision as
follows:

On 8 October 1996, the applicant
was arrested. In the charge of 18 October 1996, the military
prosecutor attached to the general etats-majors tribunal of Ankara
charged him with incitement to dissuade conscripts from doing their
military service, on the ground of Article 155 of the criminal code
and of Article 58 of the military criminal code. In its decision of
28 January 1997, the general etats-majors tribunal of Ankara ("the
etats-majors tribunal") sentenced him to 6 months in prison and to a
fine based on the charge of 18 October 1996. The etats-majors
tribunal also noted the deserter status of the applicant and
consequently decided to refer a ruling to the military prosecutor
attached to the etats-majors tribunal in order to enlist the
applicant. On 3 March 1997, the applicant appealed to the Supreme
Court. He invoked, inter alia, Articles 9 and 10 of the Convention
as grounds for this appeal and declared that he was a conscientious
objector. On 3 July 1997, the martial Supreme Court upheld the first
instance decision.
On 22 November 1996, the applicant was transferred to the 9th
regiment attached to the gendarmerie headquarter in Bilecik.
He refused to wear the military uniform and to execute the orders
from the regiment commandant. He was detained and placed in the
detention house of the regiment where he refused to wear the prison
uniform. In the charge of 26 November 1996, the military prosecutor
attached to the Eskisehr Air Forces headquarter tribunal of the 1st
tactics accused the applicant of "persistent disobedience" and
called for his condemnation on the ground of Article 87 of the
military criminal code. Regarding the applicant's refusal to wear
the detention prison uniform, in a charge of 26 November 1996, the
headquarter tribunal of the 1st tactics of the Eskisehr Air Forces
("the headquarter tribunal"), condemned the applicant to a
disciplinary measure which restricts the applicant's right to
receive visitors during 15 days. In a decision of 6 March 1997, the
tribunal finally sentenced the applicant to 5 months in prison. On 4
July 1997, the martial Supreme Court upheld the contested decision.
When he was released on 27 December 1996, the applicant did not go
to his regiment. In a charge of 7 March 1997, the military
prosecutor attached to the headquarter tribunal charged the
applicant with desertion and "persistent disobedience ". In a
decision of 23 October 1997, the headquarter tribunal sentenced the
applicant to 10 months in prison and to a fine.
On 29 May 1997, the applicant was released provided that he would go
to his regiment to fulfil his military obligations on the 31st of
May. As he did not fulfil this condition, he was arrested on 9
October 1997 and transferred to Eskisehir prison in order to serve
the 10-month prison sentence decided by the headquarter tribunal on
6 March 1997. In a charge of 16 October 1997, the military
prosecutor attached to the headquarter tribunal called for the
applicant to be condemned for his desertion between 31 May 1997 and
9 October 1997. In a decision of 22 January 1998, the headquarter
tribunal sentenced the applicant to 10 months in prison. In a
decision of 30 September 1998, the martial Supreme Court upheld the
first instance decision.
On 26 January 1998, the applicant was escorted to his regiment in
Bilecik. He was arrested because he refused to wear (the) military
uniform. In a decision of 11 June 1998, the headquarter tribunal
sentenced the applicant to 7 months and 15 days in prison. On 7
October 1998, the martial Supreme Court upheld the contested
decision.
The applicant was escorted to his regiment on 20 March 1998, and was
arrested, on 21 March 1998, because he refused to wear the military
uniform. In a decision of 4 May 1998, the headquarter tribunal
sentenced the applicant to 7 months and 15 days in prison on the
ground of "persistent disobedience ". On 7 October 1998, the martial
Supreme Court upheld this decision.
On 4 May 1998, the applicant was send back to his regiment where he
refused to wear the military uniform. In a decision of 11 June 1998,
the headquarter tribunal sentenced the applicant to 7 months and 15
days in prison. On 7 October 1998, the martial Supreme Court upheld
the first instance decision.
On 24 November 1998, the applicant was released and transferred to
his regiment where he refused to wear the military uniform once
again. After he was searched for, found and arrested, he was
sentenced by the headquarter tribunal on 26 November 1998 to 7
months and 15 days in prison. On 22 September 1999, the martial
Supreme Court upheld this decision.
[Council of Europe: European Court of Human Rights Second Section:
Judgment as to the Admissibility of the Application N°39437/98 by
Osman Murat Ülke against Turkey, 1 June 2004]

Osman Murat Ülke was released from
Eskisehir military prison on 9 March 1999 - again not a proper release,
but with an order to present himself again to his military unit.
However, this time Osman Murat Ülke was not accompanied to the military
unit by soldiers, but was ordered to go on his own, which he did not do.
Instead, he went home. Since then, he lived a semi-legal life,
officially being a deserter, but not being arrested.
In it's judgement on the merits of the case, the European Court of Human
Rights, on 24 January 2006, came to the conclusion: "The numerous
criminal prosecutions against the applicant, the cumulative effects of
the criminal convictions which resulted from them and the constant
alternation between prosecutions and terms of imprisonment, together
with the possibility that he would be liable to prosecution for the rest
of his life, had been disproportionate to the aim of ensuring that he
did his military service. They were more calculated to repressing the
applicant’s intellectual personality, inspiring in him feelings of fear,
anguish and vulnerability capable of humiliating and debasing him and
breaking his resistance and will. The clandestine life amounting almost
to “civil death” which the applicant had been compelled to adopt was
incompatible with the punishment regime of a democratic society.
Consequently, the Court considered that, taken as a whole and regard
being had to its gravity and repetitive nature, the treatment inflicted
on the applicant had caused him severe pain and suffering which went
beyond the normal element of humiliation inherent in any criminal
sentence or detention. In the aggregate, the acts concerned constituted
degrading treatment within the meaning of Article 3."
[European Court of Human Rights:
AFFAIRE ÜLKE c. TURQUIE, Judgement, Requête no 39437/98, 24 January
2006,
Press Release, 24 January 2006]

The Committee of Ministers of the Council
of Europe, the body overseeing the implementation of judgements of the
European Court of Human Rights, also dealt with the case in several
meetings. At it's meeting on 13-14 February 2007 the Council of
Ministers:

"deplored the fact that the
Turkish authorities had as yet taken no individual measure to put an
end to the violation found by the Court, the applicant still being
subject to an arrest warrant with a view to the execution of his
sentence."

The recent development - the notice sent
by the military prosecutor's office to the address of Osman Murat Ülke's
father, ordering Osman Murat Ülke to present himself to serve the
outstanding sentences - is a further sign that the Turkish authorities
have done nothing to remedy the situation. To the contrary, Osman Murat
Ülke, who has been living a more or less clandestine life since March
1999, now is at high risk of being arrested again, in spite of the
judgement of the European Court of Human Rights.

War Resisters' International calls
for emails/faxes to the Council of Ministers of the Council of
Europe, urging the CoM to communicate to the Turkish government the
concerns about the possible arrest of Osman Murat Ülke, and the
failure to solve the situation. An email can be sent at
http://wri-irg.org/co/alerts/20070711a.html.

War Resisters' International calls
for letters of protest to the Turkish authorities, and Turkish
embassies abroad.

War Resisters' International calls
on the Turkey to finally solve the situation of Osman Murat Ülke and
to comply with the judgement of the European Court of Human Rights.

War Resisters' International calls
on Turkey to finally recognise the right to conscientious objection,
to exempt all existing conscientious objectors from military
service, and to immediately release imprisoned conscientious
objector
Halil Savda.